Author Archives: dmc-admin

Tyler J. Kingsfield appeals his convictions for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. His argument on appeal is that first, there was insufficient evidence to convict him of the ...

Patricia K. Messner appeals her conviction for operating under the influence, second offense, with a minor passenger under the age of 16 in the motor vehicle. She contends that there was no probable cause for her arrest, that the trial ...

Randy S. Alby appeals his conviction for operating while intoxicated following a trial before the court. At trial, he conceded that he was driving while intoxicated, but raised the affirmative defense of involuntary intoxication as the means by which he ...

Mary Lou McClain appeals the judgment of conviction and sentence for misappropriation and the trial court’s order denying her motion to withdraw her no contest plea before sentencing. She contends the trial court erroneously exercised its discretion in denying her ...

The trial court, consistent with a joint sentencing recommendation under a plea agreement, imposed and stayed a six-year prison term and placed Michael Behnken on probation. He appeals the judgment convicting him of disorderly conduct and resisting an officer, claiming ...

“As plainly as Civil Rule 11(a) requires a signature on filed papers, however, so the rule goes on to provide in its final sentence that ‘omission of the signature may be corrected promptly after being called to the attention of ...

“New Hampshire’s claim that the Piscataqua River boundary runs along the Maine shore is clearly inconsistent with its interpretation of the words ‘Middle of the River’ during the 1970’s litigation… [I]nterpretation of those words was ‘necessary’ to fixing the northern ...

“Under the ADA’s basic requirement that the need of a disabled person be evaluated on an individual basis, we have no doubt that allowing Martin to use a golf cart would not fundamentally alter the nature of petitioner’s tournaments. As ...

“Even under a limited form of the ‘catalyst theory,’ a plaintiff could recover attorney’s fees if it established that the ‘complaint had sufficient merit to withstand a motion to dismiss for lack of jurisdiction or failure to state a claim ...

“When Congress replaced the text of the statute as construed in [McCarthy v. Madigan] with the exhaustion requirement at issue today, it presumably understood that under McCarthy the term ‘effective’ in the former sec. 1997e(a) eliminated the possibility of requiring ...

“Indian tribes are ‘unique aggregations possessing attributes of sovereignty over both their members and their territory,’ but their dependent status generally precludes extension of tribal civil authority beyond these limits… The Navajo Nation’s imposition of a tax upon nonmembers on ...

“The burden of proving the applicability of the supervisory exception… should thus fall on the party asserting it. In addition, it is easier to prove an employee’s authority to exercise 1 of the 12 listed supervisory functions than to disprove ...

“The court’s decision on rehearing is flatly contrary to this Court’s controlling precedent, we grant the State’s petition for a writ of certiorari and reverse. As an initial matter, we note that the Arkansas Supreme Court never questioned Officer Taylor’s ...

“Because the standard in the ordinance is compatibility with the ‘normal’ activity of the neighborhood and the City relies heavily on testimony by neighbors to determine what that activity is, the plaintiff asks us to consider the possibility that a ...

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before ...

“Because the standard in the ordinance is compatibility with the ‘normal’ activity of the neighborhood and the City relies heavily on testimony by neighbors to determine what that activity is, the plaintiff asks us to consider the possibility that a ...

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before ...